Data Hub and Real Estate Information System Act (OWG) - Subject Matter (OWG)

1. The law governs the exchange of object-related data via a data hub for the object system of the Canton of Lucerne, the procedure for retrieving these data through an information system, as well as the operation and use of the data hub and the information system.

2. The object system includes the exchange of object-related data between the domains of construction, official surveying, insurance, official valuation, taxes and land registry, as well as the areas of statistics and geoinformation.

1. Within the scope of this Act, the following definitions apply

a. Objects are land, buildings, and apartments.

b. Object-related data describe the characteristics of the objects.

c. Object systems are the databases of the domains and areas covered by the object domain, which manage object-related data.

d. The "central object systems" are the object systems through which the information system of the object domain can retrieve object-related data.

e. Object-related data from the central object systems of the object domain can be retrieved through the information system of the object domain.

f. The data hub of the object domain is the data hub where object-related data are temporarily available for data exchange between the object systems.

g. The responsible authority is the authority responsible for collecting, updating, and managing the object-related data of the respective object system pursuant to Section 2, Paragraph 7 of the Cantonal Law on the Protection of Personal Data of July 2, 1990.

1. The Competent Department of the Canton

a. is responsible, in collaboration with the responsible bodies and the Information Technology Department, for the operation, maintenance, and further development of the Object Data Hub and the Object Information System,

b. ensures, together with the Information Technology Department, the necessary IT resources for the operation of the Object Data Hub and the Object Information System,

c. guarantees, with technical and organizational measures in conjunction with the Information Technology Department, compliance with data protection requirements for the operation of the Object Data Hub and the Object Information System,

d. determines and reviews, involving the responsible bodies, the necessary security regulations and security measures for object-related data,

e. invoices the municipalities for the costs related to the operation, further development, and maintenance of the Object Information System.

1. Through the Data Hub Object Management, the necessary object-related data between the object systems is exchanged and updated.

2. The domains and areas of object management are obligated to transmit this data free of charge to the central object systems of object management.

3. The Government Council regulates the specifics in the ordinance. In particular, it identifies the object systems involved in the Data Hub Object Management, the central object systems, as well as the required data.

1. The responsible bodies are competent for the accuracy and maintenance of object-related data within their object systems. These object systems represent the legally binding data in each case.

1. Through the Object Information System, authorized persons and systems of authorized entities can retrieve object-related data from the central object systems of the Object Information System.

2. The responsible authorities of the central object systems are obliged to provide the object-related data for the retrieval process via the Object Information System.

1. Publicly accessible object-related data can generally be retrieved without restriction through the Object Information System. Provisions to the contrary in special laws remain reserved.

2. Non-publicly accessible object-related data can be retrieved, provided that there is access authorization according to the provisions of the special laws of the individual domains and areas. The responsible authority decides on the authorization to retrieve such data via the Object Information System.

3. Non-publicly accessible object-related data and their analyses may not be disclosed to unauthorized third parties by authorized persons and systems.

4. The responsible authority may temporarily or permanently revoke access authorization in the event of violations of legal regulations or conditions and requirements.

5. The government council shall regulate the details in the ordinance.

1. No registration on the Object Information System is required for accessing publicly accessible object-related data. This is subject to any contrary provisions of special laws.

2. For accessing non-publicly accessible object-related data, registration and authentication on the Object Information System are necessary.

3. The Government Council shall regulate the details in the ordinance.

1. During data exchange via the Object Data Hub and retrieval via the Object Information System, object-related data are temporarily stored and deleted within a reasonable period.

2. Access to object-related data during retrieval via the Object Information System is logged.

3. The Government Council shall regulate the specifics in the ordinance, particularly the content of the logged data as well as the timeframes for data deletion.

1. The responsible body may establish conditions and stipulations for the retrieval of its object-specific data, particularly to prevent the misuse of its data.

1. Access to publicly accessible object-related data is free of charge. Exceptions are provided for by specific laws that state otherwise.

2. The fees for accessing non-publicly accessible object-related data are determined according to the specific legal provisions of the data-supplying domains and areas.

3. Any party obligated to transmit object-related data to object systems is exempt from any potential fees for accessing data from these object systems.

1. The canton shall bear the costs for the establishment of the Object Data Hub and the Object Information System, as well as the costs for the operation, further development, and maintenance of the Object Data Hub.

2. The costs for the operation, further development, and maintenance of the Object Information System shall be borne equally by the canton and the municipalities. The share of costs borne by each municipality shall be determined according to its population.

3. The government council shall regulate the details in the ordinance.

1. The competent department and the IT department shall ensure, through appropriate technical and organizational measures, that the object-related data in the Object Information System and on the Object Data Hub are protected against unauthorized processing.

2. The provisions of the Information Technology Act of March 7, 2004, and the Cantonal Data Protection Act of July 2, 1990, are additionally applicable.

1. The Contestation of Orders Issued in Application of this Law shall be Governed by the Law on Administrative Judicial Procedure of July 3, 1972, unless Otherwise Provided by the Provisions of the Special Laws of the Domains and Fields.

1. Unless otherwise specified by the provisions of the domain and sector-specific laws, the canton assumes no liability for the quality and timeliness of the object-related data retrieved via the Object Information System.